Research On Punitive Damages For Copyright Infringement

The current Copyright Law of China adopts compensatory compensation system to deal with the problem of compensation for copyright infringement damage,but at the moment of high development of knowledge economy,the function of compensatory compensation system is gradually weakened,which seems to be unable to meet the actual demand.In recent years,copyright infringement cases show a rising trend,and gradually become the most concerned infringement by the public,which should be highly valued and take appropriate measures to strengthen the fight against copyright infringement to protect the legitimate rights and interests of copyright owners.In judicial practice,the compensation level of copyright infringement cases is generally low,and the calculation method of compensation amount is less operable,so it is difficult to form works effective protection of rights.In order to adapt to the development of the times and strengthen the protection of copyright in our country,we should speed up the application of punitive damages system in our copyright law.The system of punitive damages has the special function of punishment and deterrence,which is not available for compensatory compensation.The introduction of punitive damages system in copyright field can improve the situation of low level of damages for copyright infringement and effectively regulate copyright infringement.As early as the trademark law revised in 2013,our country has stipulated the punitive damages system,which indicates that the punitive damages system has formally entered the field of intellectual property law.The Law of Copyright Law stipulates that punitive damages have become inevitable,so it is necessary to focus on how to better apply the system in practice,and to explore the design of the system and the current situation of copyright protection in China.In view of the current situation of compensation for copyright infringement damage in China,this paper deeply analyzes the main problems facing copyright protection in China,and analyzes the current copyright infringement The inadequacy of the system of damages in judicial practice.By drawing on the relevant provisions of different countries on punitive damages for copyright infringement,and referring to the system designof punitive damages system in China’s Trademark Law and Patent Law(Amendment Draft),this paper explains the application conditions,calculation methods,evidence and procedure of punitive damages for copyright infringement,and puts forward some suggestions.The scientificity and rationality of the system design of punitive damages for copyright infringement determine whether it can achieve the desired effect in judicial practice,hoping that through the author’s research,it can protect copyright in our country cause makes a modest contribution.